Upon presentation of proper credentials, duly authorized representatives
of the Township may enter at reasonable times upon any property within
the Township to inspect the condition of the stormwater structures
and facilities in regard to any aspect regulated by this chapter.
In the event that a person fails to comply with the requirements
of this chapter, or fails to conform to the requirements of any permit
issued hereunder, the Township shall provide written notification
of the violation. Such notification shall set forth the nature of
the violation(s) and establish a time limit for correction of these
violation(s). Failure to comply within the time specified shall subject
such person to the penalty provision of this chapter. All such penalties
shall be deemed cumulative. In addition, the Township may pursue any
and all other remedies. It shall be the responsibility of the owner
of the real property on which any regulated activity is proposed to
occur, is occurring, or has occurred, to comply with the terms and
conditions of this chapter. In the case where the violation poses
an immediate threat to the health, safety, and welfare of the community,
no notice under this section shall be required.
The Board of Supervisors is hereby authorized and directed to
enforce all of the provisions of this chapter. All inspections regarding
compliance with the stormwater management plan shall be the responsibility
of the Township Engineer or other qualified persons designated by
the Township as directed by the Board of Supervisors.
A. A set of design plans approved by the Township shall be on file at
the site throughout the duration of the construction activity. Periodic
inspections may be made by the Township or designee during construction.
B. Adherence to approved plan. It shall be unlawful for any person, firm, or corporation to undertake any regulated activity under §
134-4 on any property except as provided for in the approved stormwater management plan and pursuant to the requirements of this chapter. It shall be unlawful to alter or remove any control structure required by the stormwater management plan pursuant to this chapter or to allow the property to remain in a condition which does not conform to the approved stormwater management plan.
C. At the completion of the project, and as a prerequisite for the release
of the performance guarantee, the owner or his representatives shall:
(1) Provide a certification of completion from a professional engineer
verifying that all permanent facilities have been constructed according
to the plans and specifications and approved revisions thereto.
(2) Provide an electronic copy and and[??] two paper prints of as-built
drawings.
D. After receipt of the certification by the Township, a final inspection
shall be conducted by the Board of Supervisors or its designee to
certify compliance with this chapter.
E. Prior to revocation or suspension of a permit, the Board of Supervisors
will schedule a hearing to discuss the noncompliance if there is no
immediate danger to life, public health or property.
F. Suspension and revocation of permits.
(1) Any permit issued under this chapter may be suspended or revoked
by the Board of Supervisors for:
(a)
Noncompliance with, or failure to, implement any provision of
the permit.
(b)
A violation of any provision of this chapter or any other applicable
law, ordinance, rule, or regulation relating to the project.
(c)
The creation of any condition or the commission of any act during
construction or development which constitutes or creates a hazard
or nuisance, pollution or which endangers the life or property of
others.
(2) A suspended permit shall be reinstated by the Board of Supervisors
when:
(a)
The Township Engineer or his designee has inspected and approved
the corrections to the stormwater management and erosion and sediment
pollution control measure(s), or the elimination of the hazard or
nuisance, and/or;
(b)
The Board of Supervisors is satisfied that the violation of
the ordinance, law, or rule and regulation has been corrected.
(3) A permit that has been revoked by the Board of Supervisors cannot
be reinstated. The applicant may apply for a new permit under the
procedures outlined in this chapter.
G. Occupancy permit. An occupancy permit shall not be issued unless the certification of compliance pursuant to §
134-33 has been secured. The occupancy permit shall be required for each lot owner and/or developer for all subdivisions and land developments in the Township.
Any ordinance or ordinance provision of the municipality inconsistent
with any of the provisions of this chapter is hereby repealed to the
extent of the inconsistency only.
Should any section or provision of this chapter
be declared invalid by a court of competent jurisdiction, such decisions
shall not affect the viability of any of the remaining provisions
of this chapter.